Preponderance of the Evidence Versus in Time Conviction: A Behavioral Perspective on a Conflict between American and Continental European Law

33 Pages Posted: 8 May 2009

See all articles by Christoph Engel

Christoph Engel

Max Planck Institute for Research on Collective Goods; University of Bonn - Faculty of Law & Economics; Erasmus University Rotterdam (EUR), Erasmus School of Law, Rotterdam Institute of Law and Economics, Students; Universität Osnabrück - Faculty of Law

Date Written: May 8, 2009

Abstract

Continental law is irrational. American law is irresponsible. These beliefs are the essence of one of the few true conflicts between American common law and Continental Civil Law. At the surface, the conflict is confined to an apparently technical issue in the law of evidence. On the European continent, for the court to hold against the defendant, the judge must be convinced that the facts brought forward by the plaintiff in support of the claim are indeed true. In principle, Continental law does not differentiate between civil law and criminal law. The standard of proof is in time conviction throughout. By contrast, American law has three different standards of proof. In criminal law, the charge must be established “beyond a reasonable doubt.” In civil law, the plaintiff prevails only if “the preponderance of the evidence” is in the plaintiff’s favor. Only in a limited number of civil law matters, of particular gravity for the defendant, must the intermediate standard of “clear and convincing evidence” be met.

Suggested Citation

Engel, Christoph, Preponderance of the Evidence Versus in Time Conviction: A Behavioral Perspective on a Conflict between American and Continental European Law (May 8, 2009). Emotion in Context: Exploring the Interaction between Emotions and Legal Institutions Conference, University of Chicago Law School, May 2008, Vermont Law Review, Vol. 33, 2009, Available at SSRN: https://ssrn.com/abstract=1401442 or http://dx.doi.org/10.2139/ssrn.1401442

Christoph Engel (Contact Author)

Max Planck Institute for Research on Collective Goods ( email )

Kurt-Schumacher-Str. 10
D-53113 Bonn, 53113
Germany
+049 228 914160 (Phone)
+049 228 9141655 (Fax)

HOME PAGE: http://www.coll.mpg.de/engel.html

University of Bonn - Faculty of Law & Economics

Postfach 2220
D-53012 Bonn
Germany

Erasmus University Rotterdam (EUR), Erasmus School of Law, Rotterdam Institute of Law and Economics, Students ( email )

Burgemeester Oudlaan 50
PO Box 1738
Rotterdam
Netherlands

Universität Osnabrück - Faculty of Law

Osnabruck, D-49069
Germany

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
257
Abstract Views
2,653
Rank
216,515
PlumX Metrics